HomeMy WebLinkAbout1987-03-20 VIM
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The Town Board
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101 Conger Boulevard
Groton , N . Y . 13073
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T0 : Cohen & Knickerbocker , Attorneys SUBJECT : Meeting regarding
Mr . Joseph Wilbur Zoning"' Violations
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FROM : Colleen D . Pierson , Town Clerk DATt : March 20 , 1987
Please be advised that the Town Board of the Town of ,Groton
will meetion Tuesday , April 7 , 1987 , at which time Mr . Joseph Wilbur
will be heard at 8 : 15 P . M . regarding violation of Mobile Home Ordinance .
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TOWN OF GROTON
BOARD OF ZONING APPEALS
WHEREAS , an Affidavit of Violation for violation .; :of Section 325 of the
Town of Groton Land Use and Development Code and/or Article III of the Mobile
Home Ordinance of the Town of Groton was filed on December: 221, 1.986 , and
WHEREAS , said Violation declares occupancy as a residence of a facility
of less than 84.0 square feet and/or occupancy of a mobile home or travel trailer
which does not meet the size requirements of the definition of the section on
property owned by JOSEPH WILBUR at 396 Lick Street , being a portion of Tax Map
Parcel 5-26 - 1- 14 . 4 ,
AND WHEREAS , all members of the Board present viewed the property ,
AND WHEREAS , after due notice a Public Hearing was held by the Board of
Zoning Appeals at 8 :00 p . m , on Monday , March 16 , 1987 to consider the violation ,
AND WHEREAS , at said hearing all those who desired to be ' heard were heard
and their testimony recorded ,
AND WHEREAS , all testimony having been carefully considered and the following
noted :
1 . That this structure is serving as a primary dwellingunit for this
household , and
2 . That this dwelling is less than 300 square feet in ; rI area which is less
than one-half the required size of 840 square feet under the Groton Land
Use and Development Code , and
3 . That another dwelling already exists on this same lot , which is not
allowed under the Groton Land Use and Development Code , and
� . That the lot has 255 feet frontage , which is inadequate for two dwellings
unit lots under the Groton Land Use and Development Code ,
NOW , THEREFORE , be it resolved that the Affidavit of Violation of GARY WOOD ,
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Zoning Enforcement Officer , for Violation to Section 325 is AFFIRMED and the BZA
finds to the following extent :
1 . . Presence of a dwelling unit of inadequate square footage , and
2 . Presence of two dwelling units on one lot .
THAT THIS RESOLUTION become effective in 30 days to allow Violator to be heard
by the Town of Groton Town Board , which has the power to grant variances under the
Mobile Home Ordinance in response to Violator ' s claim that . this is a temporary
dwelling , since the B ZA does not have this authority under the Groton Land Use and
Development Code .
THE FOREGOING RESOLUTION was submitted by David Ofner
SECONDED by Mary Decker
UNANIMOUSLY ADOPTED by the Board on March 16 , 19879